Stage of framing of charge: Principles that must keep in mind by High Court while exercising jurisdiction under S. 482 at the stage of framing of charges. Held, High Court committed grave error in quashing charge sheet / entire criminal proceedings as there is ample material to show at least a prima facie case against the respondent. High Court was not conducting trial nor exercising jurisdiction as appellate court against order of conviction or acquittal.  High Court at the stage of Sec 482 CrPC entered into appreciation of evidence and considered whether on the basis of evidence, accused is likely to be convicted or not, which is not permissible at all at this stage. Hence, impugned judgment and order passed by the High Court quashed and setaside and Magistrate directed to proceed with the case, in accordance with the law.

[Saranya v. Bharathi, (2021) 8 SCC 583]

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.